Ryer v. Atwater
Supreme Court of Connecticut
MOTION for a new trial. This was an action for an assault and battery and imprisonment, which were thus alleged: “ That on or about the 1st day of August, 1807, at the island of St. Croix, on board of the brig Thomas, the defendants did, with force and arms, an assault make on the body of the plaintiff, and him did beat and wound and unlawfully imprison, and detained and confined him in close confinement for the space of two days,” et alia enormia.
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MOTION for a new trial. This was an action for an assault and battery and imprisonment, which were thus alleged: “ That on or about the 1st day of August, 1807, at the island of St. Croix, on board of the brig Thomas, the defendants did, with force and arms, an assault make on the body of the plaintiff, and him did beat and wound and unlawfully imprison, and detained and confined him in close confinement for the space of two days,” et alia enormia. The defendants pleaded not guilty. On the trial, the defendants, in support of their de-fence, offered evidence to prove, that in July, 1807, the…
1Opinion of the CourtTrumbuix, J.
The ground of this motion is, that the court below refused to admit in evidence the record of a verdict and judgment in an action of trespass brought by Wright, one of the present defendants, in which he recovered judgment and damages against Ryer for the taking and destroying of a quantity of cheese, the property of Wright.
It is a general rule, that the record of judgment in a former suit is inadmissible, unless the same parties or their privies, and no others, are the parties in the cause, on the trial of which it is offered in evidence. To this rule there are, however, sundry exceptions,…
2Cited by8 opinions
- Griffin v. ReynoldsSupreme Court of the United States · 1855
- Cowles v. HartsSupreme Court of Connecticut · 1821
- Fairman v. BaconSupreme Court of Connecticut · 1831
- Greely v. SmithU.S. Circuit Court for the District of Maine · 1846
- Standish v. ParkerMassachusetts Supreme Judicial Court · 1823
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